Industrial injury claims refer to any injury, disability or disease that can be directly attributed to an individual’s working environment and was due to some form of negligence.
There is a wide range of conditions that come under the purview of industrial injury. If you are injured or disabled or you contract some sort of disease in the course of performing your job in any workplace in Britain, you may be eligible to claim compensation for industrial injury.
Our team of specially trained advisors are here to help if you’d like information about your options. As part of our no-obligation initial consultation, your advisor will review how you were injured and give you free legal advice on making a claim. If it appears there’s a fair chance you’ll receive compensation and one of our personal injury lawyers agrees to help, you’ll be represented on a No Win No, Fee basis.
You’ll find more information about the types of industrial accidents that could lead to a claim throughout the rest of this guide. If you have any questions at any point, please call us on 0800 652 1345.
What are industrial injuries?
Generally, industrial injury claims fall under two main categories:
- Injuries sustained during an accident; or
- Industrial diseases resulting from exposure to dangerous substances or working practices
Examples of industrial illnesses and conditions that could allow you to claim compensation include:
- Mesothelioma, asbestosis and other conditions linked to asbestos exposure.
- Industrial deafness linked to prolonged exposure to workplace noise (or sudden exposure to loud noise).
- Industrial asthma after being exposed to fumes, dust and chemicals at work.
- Vibration White Finger, carpal tunnel syndrome and other conditions linked to vibrating tools.
Industrial diseases can take many months or even years to become apparent but you could still make a claim even if you no longer work for the employer in question.
Industrial injury claims are also possible for any type of accident at work that causes injuries. Essentially, you could be paid compensation for injuries sustained in an accident that was not your fault. Some examples of workplace accidents leading to industrial injury claims include:
- Slips, trips and falls.
- Falls from height.
- Vehicle accidents.
- Being hit by a falling object.
- Manual handling accidents.
- Workplace violence.
If you’ve suffered an injury at work and would like to check if you could be compensated, please feel free to contact us now.
Can I claim compensation for industrial injury?
You may have grounds to make an industrial injury claim if your employer’s failure to exercise due care towards your well-being resulted in a breach of their duty ad because of this, an accident or incident occurred, which led to an industrial injury or illness.
Of course, if you’re to be compensated for an industrial injury, you’ll need proof to show what happened and how you suffered. To prove the extent of your injuries, a third-party medical expert will be asked to examine your medical records and injuries. An appointment will usually be arranged at a local venue by your employer.
Their report is a useful tool that helps your solicitor to calculate how much compensation you might be entitled to. We’ll explain what other types of proof that could help you to win your claim later on in this guide.
What is an employer’s duty of care?
In any type of personal injury claim, it is important to establish that you were owed a duty of care. In industrial injury claims, that’s actually quite easy because lots of legislation exists that is designed to keep employees as safe as possible in the workplace. Some examples include:
- The Health and Safety at Work Act 1974
- The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
- The Control of Vibration at Work Regulations 2005
- The Provision and Use of Work Equipment Regulations 1998
These laws and many others mean that in almost every situation, your employer has a legal duty of care to try to reduce the risk of industrial injuries. You don’t need to investigate the law before you start a claim as this is something we’ll do for you if you begin a claim with one of our solicitors.
Importantly, you will be owed a duty of care by your employer whatever industry you work in. That means you could make an industrial injury claim if you work in an office, a warehouse, on a building site, in a factory, on a farm or any other type of business.
What types of negligence can lead to industrial injury claims?
Some reasons why employers might be liable for industrial injuries include:
- Insufficient safety training – all staff should be trained and aware of the company’s safety policy.
- A lack of personal protective equipment (PPE must be supplied by employers where necessary).
- A failure to conduct workplace risk assessments.
- Poorly maintained, damaged or faulty workplace equipment.
- Insufficient ventilation.
- A lack of proper rest breaks.
If you believe you have been made ill or suffered an injury at work because your employer was negligent in some way, please speak to a claims advisor on our team about your options.
How much compensation do you get for industrial injury?
If your employer agrees to compensate you, the amount they’ll pay will be based on how you’ve suffered physically, psychologically and financially. We can’t say exactly how much compensation is awarded for industrial injuries as all claims are unique. However, compensation could be based on:
- Any physical injuries and the associated pain.
- Mental harm caused by depression, anxiety, Post-Traumatic Stress Disorder (PTSD) and similar conditions.
- Lost income and benefits.
- Loss of enjoyment of your usual hobbies.
- The time someone provided care for you while you were unwell or injured.
- Medical costs such as physiotherapy costs or private hospital treatment.
- Fuel, parking and other travel-related expenses.
- Future reductions in earnings for longer-term injuries that reduce your ability to work.
- Changes to your house to improve your quality of life if you’ve been left disabled.
As you can see, there is much to consider when filing an industrial injury claim. As such, your solicitor will spend quite a bit of time discussing how you’ve suffered so they can try to secure a fair settlement amount.
Providing proof for industrial injury claims
If you claim compensation for an industrial injury, the onus is on you to prove what happened and who was to blame. As such, your solicitor will work with you to gather any necessary proof. This could include:
- Details of your working history. This will help if it’s unclear where you contracted an industrial disease.
- Your medical records from a hospital or from your GP to prove the extent of your injuries.
- Accident report forms or Health and Safety Executive (HSE) investigation reports to help clarify where and when you were injured.
- Witness statements from colleagues to help confirm your working conditions.
- Financial records to help prove any costs or expenses linked to your injuries.
- CCTV footage of your accident if it exists. Photographs can also be used to help here.
- Correspondence between you and your employer (emails, letters, text messages) if you raised concerns about your working conditions.
You should also write down as much as you can about how you were made ill or injured as this will make things easier to recall at a later date. Keeping a diary of how your industrial injuries have affected you can also be helpful.
If you have any proof already, please inform your advisor when you call to discuss your industrial injury as it could go some way to supporting your claim.
Fatal industrial injuries
Unfortunately, some industrial accidents and illnesses do result in fatalities each year. While we know that your loss will never be made any better by a compensation payment, you may be entitled to make a claim. Compensation could be awarded to cover any costs that you’ve incurred such as funeral expenses. You could also receive payments to help you if you were financially dependent on the deceased.
If you’d like to know more, please speak to one of our friendly and compassionate advisors.
No Win, No Fee claims
In our opinion, legal representation in an industrial injury claim can make the claims process easier and could increase your chances of winning. We realise, though, that many people are deterred from hiring a solicitor because they’re worried about the cost of legal fees. That’s why our solicitors work on a No Win, No Fee basis for any industrial injury claim they take on.
No Win, No Fee means that:
- No advance payment of legal fees is required to begin your industrial injury claim.
- If the claim fails, you don’t pay any legal fees at all.
- If you’re awarded compensation, a success fee will be deducted to pay for your solicitor’s work and expenses.
By law, success fees cannot be any higher than 25 per cent of your compensation. The amount you’ll pay will be listed in your contract before you sign it.
If you decide to proceed with a claim, your solicitor will carry out most of the work on your behalf. That means you won’t need to speak to your employer directly about the claim. As things progress, you’ll receive regular updates and your solicitor will not agree to settle the claim without first discussing any compensation offers with you.
To check if you can claim for an industrial injury on a No Win, No Fee basis, please call today.
Industrial injury claims time limits
You might already be aware that personal injury claims in the UK have a 3-year time limit but it’s worth checking when your limitation period will begin. In general terms, the 3 years start from:
- The date of an accident at work in which you were injured; or
- The date your condition was diagnosed by a doctor.
- The date a loved one died if you’re making a fatal injury claim.
In either scenario, it’s best to get started with your claim as soon as you can. By doing so, there should be ample time for proof and medical records to be collected to support your claim.
Also, if you’re struggling financially because of an industrial injury, you could be paid interim payments before your claim has been settled. These might be needed to cover care costs, medical expenses or reduced earnings.
Can I be disciplined for starting an industrial injury claim?
Legally, you are not allowed to face disciplinary action for making a compensation claim against your employer. So long as your claim is honest, you cannot be treated differently, dismissed, demoted, prevented from training opportunities or picked on.
If any of the above has happened to you, there may be grounds for a constructive or unfair dismissal claim. This is something our solicitors can also help with so please explain what happened when you speak to an advisor.
Start an industrial injury claim today
To check if you could be compensated for an industrial injury, please call 0800 652 1345. One of our advisors will guide you through the claims process and look at your options with you. There’s nothing to lose by calling as there’s no obligation and we won’t put you under any pressure to make a claim.
If you do decide to take action and a personal injury solicitor from our team agrees to help, your claim will be processed on a No Win, No Fee basis. That means you’ll only have to pay legal fees if you are awarded compensation. Knowing that’s the case will usually make the process a lot less stressful in our experience.
You can reach out to us via live chat if you prefer so please get in touch if you’d like to discuss an industrial injury claim in more detail.